Ask the Attorney: Anatomy of a Lawsuit

A lawsuit is a legal dispute that has been brought to the court’s attention, rather than dealt with outside of court. 

A plaintiff starts the process by drafting and filing a complaint, which identifies one or more defendants and describes point by point how and why he should be responsible for making the plaintiff whole under the law. Collectively, plaintiffs and defendants are referred to as the parties to a lawsuit.

Whether someone is a plaintiff or a defendant, they can choose to proceed with the help of an attorney, or they can draft documents, submit filings, or appear in court themselves, without the aid of a lawyer. Courts identify parties who represent themselves with the Latin phrase, “pro se.”

In Washington County, the prothonotary is the office that coordinates court filings by accepting and filing a party’s legal documents, collecting filing fees, assigning case numbers and otherwise assuring that the file and record for every ongoing lawsuit in the county is accurate. In Allegheny County, the Department of Court Records now handles these duties.

When a plaintiff files a complaint with the prothonotary, a clerk assigns the new lawsuit a unique case number. This creates a public record of the legal dispute, and from this point on the parties build that record by filing relevant legal documents under the same case number.  

Parties or interested members of the public can look up a case number and see the lawsuit’s docket sheet, which lists the parties and everything they have filed.

Once a plaintiff files a complaint, a lawsuit can go in countless directions.

If the parties must gather evidence from one another to prove their respective cases, then they will typically go through a process known as discovery.  Discovery is the court-supervised exchange of information among the parties via official filings parties use to request relevant documents, testimony or other evidence.

Once the parties have an idea of how strong their respective cases are, in view of all the evidence in the record, their lawsuit can end either in court, where a judge or jury renders a verdict after a hearing or trial, or out of court, with a settlement agreement. 

Generally, the decision of whether or not to settle rests on the strength of one’s legal argument as supported by all the evidence, and on a party’s willingness to risk losing at trial and bear the significant costs of litigating a trial.

 (This article is intended as a discussion of legal topics that are often confusing to many lay people; it is not, and should not be relied on, as legal advice. Attorney Jesse White is licensed to practice solely in Pennsylvania and any information discussed relates solely to Pennsylvania law.The hiring of a lawyer is an important decision that should only be made after careful consideration. If you feel you need to hire an attorney, contact The Law Office of Jesse White in   at 724-743-4444 or visit www.jessewhitelaw.com.)